R.Ashok @ Manivannan v. State Rep By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:01.02.2022

CORAM:

THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI Crl.O.P.No.2071 of 2022 R.Ashok @ Manivannan ... Petitioner Vs.

State Rep by The Inspector of Police, All Women Police Station, Kottakuppam, Villupuram District.

(Crime No.25 of 2021)

...Respondent

PRAYER: Criminal Original Petition has been filed under Section 439 of Cr.P.C praying to enlarge the petitioner on bail in Crime No.25 of 2021 on the file of the respondent police.

For Petitioner : Mr.S.Vellidoss For Respondent : Mr.N.S.Suganthan Government Advocate (Crl. Side)

ORDER

The petitioner who was arrested and remanded to judicial custody on 23.12.2021 for the offences under Sections 9 (m), 10 of POCSO Act 2012, in Crime No.25 of 2021, on the file of the respondent police, seeks bail.

2. The case of the prosecution that the petitioner has sexually harassed the victim girl who is aged about 9 years. Hence, the complaint.

3. The learned Counsel for the petitioner submits that the petitioner is an innocent person and he has not committed any such offence as alleged by the prosecution. He submitted that the petitioner is the marine engineer who is aged about 21 years due to the previous enmity regarding civil dispute, the defacto complainant lodged a false complaint against the petitioner. He further submits that the petitioner was suffering incarceration for more than fifty days from 23.12.2021. Hence, he seeks to grant bail to the petitioner.

4. The learned Additional Public Prosecutor would raise objection stating that the petitioner had sexually harassed the defacto complainant's daughter and the statement of the victim girl under Section 164 of Cr.P.C has been recorded and the investigation was almost completed.

5. Considering the above facts and circumstances of the case and the investigation was almost completed and also considering the period of incarceration undergone by the petitioner, this Court is inclined to grant bail to the petitioner with conditions. [a] the Petitioner is ordered to be released on bail on executing his own bond for a sum of Rs.10,000/- (Rupees ten thousand only), before the Superintendent of the concerned prison, in which the petitioner has been confined and thereafter on his release; [b] the petitioner shall execute two sureties each like sum for a sum of Rs.

10,000/- (Rupees Ten Thousand only), before the learned Sessions Judge, Special Court for excluseive trial of Cases under POCSO Act, Villupuram, within 15 days from the date of commencement of the Court's normal functioning, failing which the bail granted by this Court shall stand dismissed automatically; [c] the sureties shall affix their photographs and left thumb impression in the surety bond and the Magistrate may obtain a copy of their Aadhar card or Bank pass Book to ensure their identity; [d] the petitioner shall appear before the respondent police on every Tuesday at 10.30 a.

[e] the petitioner shall not tamper with evidence or witness either during investigation or trial;

[f] the petitioner shall not abscond either during investigation or trial;

[g]on breach of any of the aforesaid conditions, the learned Magistrate/ Trial Court is entitled to take appropriate action against the petitioner in accordance with law as if the conditions have been imposed and the petitioner released on bail by the learned Magistrate/Trial Court himself as laid down by the Hon'ble Supreme Court in P.K.Shaji Vs. State of Kerala [(2005) AIR SCW 5560]; and;

[h]if the accused thereafter absconds, a fresh FIR can be registered under Section 229-A IPC.

-sd/- 01/02/2022 This order, on being produced, be punctually observed and carried into execution by all concerned TRUE COPY Sub-Assistant Registrar (Statistics/C.S.) High Court, Madras - 600 104.

TO 1 THE SESSIONS JUDGE, SPECIAL COURT FOR EXCLUSIVE TRIAL OF CASES UNDER POCSO ACT, VILLUPURAM.

2 THE SUPERINTENDENT, CENTRAL PRISON, CUDDALORE.

3 THE INSPECTOR OF POLICE, ALL WOMEN POLICE STATION, KOTTAKUPAM, VILLUPURAM DISTRICT.

4 THE PUBLIC PROSECUTOR HIGH COURT, MADRAS.

+1 CC to M/S S.VELLIDOSS Advocate on payment of necessary charges SR.NO.1519 CRL OP.2071/2022 Date :01/02/2022 RW 02/02/2022